copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

BY

KAREN-LEE POLLAKPA RTN ER A N D IM M I G R ATIO N P R A C TIC E

C H A IR

ANATOMY OF A CONSULAR PROCESSING CASE

PROCEDURE PRACTICE AND TIPS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSNon Immigrant Visas

bull Consulate generally listed on petition-usually in current or last country of residence or country of citizenship or in extreme cases in the event of hardship in a third country

bull Research scheduling process and document requirements at each post

bull Review online scheduling site if applicable

bull USvisa-infocom and wwwUstraveldocs covers processing at various posts httpswwwvfs-usaco covers visa processing at posts in India

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSNon Immigrant Visas

bull Consulate generally listed on petition-usually in current or last country of residence or country of citizenship or in extreme cases in the event of hardship in a third country

bull Research scheduling process and document requirements at each post

bull Review online scheduling site if applicable

bull USvisa-infocom and wwwUstraveldocs covers processing at various posts httpswwwvfs-usaco covers visa processing at posts in India

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSNon Immigrant Visas

bull Complete online DS-160 application

bull Passport Photos-Digital and hard copy

bull Advise client on supporting documents needed Some visas such as an E-2 Investment Visa require you to send documents prior to the interview

bull Pay MRV fee to schedule interview if required

bull Prepare supporting letter to Consulate explaining eligibility for the visa

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Interview generally takes place at Consulate designated in the Petition

Approved Petition forwarded to National Visa Center NVC will notify Beneficiary before priority date becomes current

NVC sends fee statement and requests completion of DS-230 or online DS260 and Affidavit of Support in family based applications

Sends list of required documents

CONSULAR PROCESSING STEPSImmigrant Visas

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSIMMIGRANT VISAS

When visa is current and all requested documents received NVC or Consulate instructs on scheduling medical exam and schedules interview NVC handles all scheduling except for Guangzhou China

Always update applicantrsquos age and ensure there are no admissibility issues such as unlawful presence attempts at reentry or removal orders

Must enter the USA within 6 months of visa issuance

Spouse and children listed in the application may apply with the applicant or follow to join

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Review document and country specific requirements at www ImmigrantVisasstategovOriginal Marriage certificates birth certificates divorce decrees death certificates with translations plus 1 copyCertified copies of removal orders arrest records and charge sheets and disposition records for convictions all past visa approval notices and evidence of lawful stays in the United StatesMedical examination and immunization panelMilitary exam and discharge papers

REQUIRED DOCUMENTS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

DOCUMENTS CONTINUED

Copy of underlying petition with supporting documents

1 Marriage based-proof of good faith marriage and ability to support spouse Income Tax Returns for past 3 years

2 Employment based- 6 months paystubs and notarized employment letter Police clearance record required for all places where

applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months

Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Interview generally takes place at Consulate designated in the Petition

Approved Petition forwarded to National Visa Center NVC will notify Beneficiary before priority date becomes current

NVC sends fee statement and requests completion of DS-230 or online DS260 and Affidavit of Support in family based applications

Sends list of required documents

CONSULAR PROCESSING STEPSImmigrant Visas

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSIMMIGRANT VISAS

When visa is current and all requested documents received NVC or Consulate instructs on scheduling medical exam and schedules interview NVC handles all scheduling except for Guangzhou China

Always update applicantrsquos age and ensure there are no admissibility issues such as unlawful presence attempts at reentry or removal orders

Must enter the USA within 6 months of visa issuance

Spouse and children listed in the application may apply with the applicant or follow to join

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Review document and country specific requirements at www ImmigrantVisasstategovOriginal Marriage certificates birth certificates divorce decrees death certificates with translations plus 1 copyCertified copies of removal orders arrest records and charge sheets and disposition records for convictions all past visa approval notices and evidence of lawful stays in the United StatesMedical examination and immunization panelMilitary exam and discharge papers

REQUIRED DOCUMENTS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

DOCUMENTS CONTINUED

Copy of underlying petition with supporting documents

1 Marriage based-proof of good faith marriage and ability to support spouse Income Tax Returns for past 3 years

2 Employment based- 6 months paystubs and notarized employment letter Police clearance record required for all places where

applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months

Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONSULAR PROCESSING STEPSIMMIGRANT VISAS

When visa is current and all requested documents received NVC or Consulate instructs on scheduling medical exam and schedules interview NVC handles all scheduling except for Guangzhou China

Always update applicantrsquos age and ensure there are no admissibility issues such as unlawful presence attempts at reentry or removal orders

Must enter the USA within 6 months of visa issuance

Spouse and children listed in the application may apply with the applicant or follow to join

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Review document and country specific requirements at www ImmigrantVisasstategovOriginal Marriage certificates birth certificates divorce decrees death certificates with translations plus 1 copyCertified copies of removal orders arrest records and charge sheets and disposition records for convictions all past visa approval notices and evidence of lawful stays in the United StatesMedical examination and immunization panelMilitary exam and discharge papers

REQUIRED DOCUMENTS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

DOCUMENTS CONTINUED

Copy of underlying petition with supporting documents

1 Marriage based-proof of good faith marriage and ability to support spouse Income Tax Returns for past 3 years

2 Employment based- 6 months paystubs and notarized employment letter Police clearance record required for all places where

applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months

Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Review document and country specific requirements at www ImmigrantVisasstategovOriginal Marriage certificates birth certificates divorce decrees death certificates with translations plus 1 copyCertified copies of removal orders arrest records and charge sheets and disposition records for convictions all past visa approval notices and evidence of lawful stays in the United StatesMedical examination and immunization panelMilitary exam and discharge papers

REQUIRED DOCUMENTS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

DOCUMENTS CONTINUED

Copy of underlying petition with supporting documents

1 Marriage based-proof of good faith marriage and ability to support spouse Income Tax Returns for past 3 years

2 Employment based- 6 months paystubs and notarized employment letter Police clearance record required for all places where

applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months

Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

DOCUMENTS CONTINUED

Copy of underlying petition with supporting documents

1 Marriage based-proof of good faith marriage and ability to support spouse Income Tax Returns for past 3 years

2 Employment based- 6 months paystubs and notarized employment letter Police clearance record required for all places where

applicant has lived since age 16 for 12 months or more and from country of nationality if resided there for 6 months

Any country where Applicant has been arrested regardless of how long he or she lived there or age when arrested

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Preparation for the Interview

bull Detailed advice on what to expect what documents to provide and requirements for visa issuance

bull Typically 5 minute interview unless there are inadmissibility issues fraud issues or E visa registration issues

bull Manage expectations-refusal or delay Delays in processing due to security checks administrative processing security at post may delay actual time of the interview delays in actual visa issuance DUI

bull Consulate not supposed to re-adjudicate the Petition

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

ADMINISTRATIVE PROCESSING

o Security ClearanceoFraud ReviewoRevocationoPetition Information Management Service

(PIMS)

oLegalnetstategov or contact the Post

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

Must be in writing

INA sect221 (g) denial

INA sect214 (b) denial-Immigrant intent

INA sect212(a)-if waiver recommended application electronically sent to Admissibility Review Officer (ARO) for adjudication 26 weeks

If waiver not recommended contact Chief consul at PostNIV Unit citing applicable law regulation or Foreign Affairs Manual supporting clientrsquos position if you believe there is a legal error Request an Advisory Opinion from the DOS legalnetstategov

DENIALS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

AILA Infonet Doc No 08121971 (posted Jan 30 2012)

If application denied under INAsect212(a) could get a waiver under INAsect212(d)(3)(A)

If a waiver is recommended it is currently taking 26 weeks to adjudicate

If waiver is not recommended-Attorney can request the Consular Post to send to the DOS for an Advisory Opinion

DENIALS CONTINUED

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

RISKS

Consular Officers have broad unreviewable discretionary authority No formal appeal process nor US Federal Court review

Attorneys generally not allowed at the interview Not supposed to re-adjudicate the petition but often happens in

practice If problems attorney should communicate

with the Consulate Decisions involving issues

of law not fact are subject to a DOS

Advisory Opinion Attorneys may use

legalnetstategov

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

RISKS CONTINUED

Have a strong legal opinion regarding eligibility if needed or a waiver application

Make sure client and all related parties are aware of the risks

Has client accrued unlawful presence or the Permanent Bar

Removal or Departure orders need I-Form 212 ldquoPermission to Reapplyrdquo

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

QUESTIONS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONTACT INFORMATION

Karen-Lee Pollak | PartnerkarenlpbellnunnallycomTel 214-740-1475 | Fax 214-740-57753232 McKinney Ave Suite 1400 Dallas Texas 75204wwwbellnunnallycom

WWWIMMIGRATIONBNCOM

• Anatomy of a Consular Processing case procedure practice and t
• CONSULAR PROCESSING STEPS Non Immigrant Visas
• Slide 3
• Slide 4
• CONSULAR PROCESSING STEPS Immigrant Visas
• Slide 6
• DOCUMENTS Continued
• Slide 8
• Administrative Processing
• Slide 10
• Slide 11
• risks
• Risks continued
• Questions
• CONTACT INFORMATION

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

RISKS

Consular Officers have broad unreviewable discretionary authority No formal appeal process nor US Federal Court review

Attorneys generally not allowed at the interview Not supposed to re-adjudicate the petition but often happens in

practice If problems attorney should communicate

with the Consulate Decisions involving issues

of law not fact are subject to a DOS

Advisory Opinion Attorneys may use

legalnetstategov

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

RISKS CONTINUED

Have a strong legal opinion regarding eligibility if needed or a waiver application

Make sure client and all related parties are aware of the risks

Has client accrued unlawful presence or the Permanent Bar

Removal or Departure orders need I-Form 212 ldquoPermission to Reapplyrdquo

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

QUESTIONS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONTACT INFORMATION

Karen-Lee Pollak | PartnerkarenlpbellnunnallycomTel 214-740-1475 | Fax 214-740-57753232 McKinney Ave Suite 1400 Dallas Texas 75204wwwbellnunnallycom

WWWIMMIGRATIONBNCOM

• Anatomy of a Consular Processing case procedure practice and t
• CONSULAR PROCESSING STEPS Non Immigrant Visas
• Slide 3
• Slide 4
• CONSULAR PROCESSING STEPS Immigrant Visas
• Slide 6
• DOCUMENTS Continued
• Slide 8
• Administrative Processing
• Slide 10
• Slide 11
• risks
• Risks continued
• Questions
• CONTACT INFORMATION

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

RISKS CONTINUED

Have a strong legal opinion regarding eligibility if needed or a waiver application

Make sure client and all related parties are aware of the risks

Has client accrued unlawful presence or the Permanent Bar

Removal or Departure orders need I-Form 212 ldquoPermission to Reapplyrdquo

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

QUESTIONS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONTACT INFORMATION

Karen-Lee Pollak | PartnerkarenlpbellnunnallycomTel 214-740-1475 | Fax 214-740-57753232 McKinney Ave Suite 1400 Dallas Texas 75204wwwbellnunnallycom

WWWIMMIGRATIONBNCOM

• Anatomy of a Consular Processing case procedure practice and t
• CONSULAR PROCESSING STEPS Non Immigrant Visas
• Slide 3
• Slide 4
• CONSULAR PROCESSING STEPS Immigrant Visas
• Slide 6
• DOCUMENTS Continued
• Slide 8
• Administrative Processing
• Slide 10
• Slide 11
• risks
• Risks continued
• Questions
• CONTACT INFORMATION

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

QUESTIONS

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONTACT INFORMATION

Karen-Lee Pollak | PartnerkarenlpbellnunnallycomTel 214-740-1475 | Fax 214-740-57753232 McKinney Ave Suite 1400 Dallas Texas 75204wwwbellnunnallycom

WWWIMMIGRATIONBNCOM

• Anatomy of a Consular Processing case procedure practice and t
• CONSULAR PROCESSING STEPS Non Immigrant Visas
• Slide 3
• Slide 4
• CONSULAR PROCESSING STEPS Immigrant Visas
• Slide 6
• DOCUMENTS Continued
• Slide 8
• Administrative Processing
• Slide 10
• Slide 11
• risks
• Risks continued
• Questions
• CONTACT INFORMATION

copy 2013 Bell Nunnally amp Martin LLP All Rights Reserved

CONTACT INFORMATION

Karen-Lee Pollak | PartnerkarenlpbellnunnallycomTel 214-740-1475 | Fax 214-740-57753232 McKinney Ave Suite 1400 Dallas Texas 75204wwwbellnunnallycom

WWWIMMIGRATIONBNCOM

• Anatomy of a Consular Processing case procedure practice and t
• CONSULAR PROCESSING STEPS Non Immigrant Visas
• Slide 3
• Slide 4
• CONSULAR PROCESSING STEPS Immigrant Visas
• Slide 6
• DOCUMENTS Continued
• Slide 8
• Administrative Processing
• Slide 10
• Slide 11
• risks
• Risks continued
• Questions
• CONTACT INFORMATION